Professional Documents
Culture Documents
I. Birther Cases with Decisions Recognizing that Obama is a Natural Born Citizen............................. 1
II. Birther Cases Rejected by Federal Courts .............................................................................................. 2 III. Birther Cases Rejected by State Courts & Administrative Agencies ..................................................... 5
I.
Birther Cases with Decisions Recognizing that Obama is a Natural Born Citizen
Every court and administrative body to consider the issue has held that Obama is a Natural Born Citizen who is eligible to serve as President. See, e.g., Allen v. Obama et al, No. C20121317 (Ariz. Pima County Super. Ct. Mar. 7, 2012) (dismissing case challenging Obamas eligibility to be on the 2012 ballot; finding that Obama is a natural born citizen under Wong Kim Ark; and expressly rejecting argument that Minor v. Happersett holds otherwise), appeal filed (Ariz. App. Ct. 2d Div. Mar. 8, 2012); Ankeny v. Daniels, 916 N.E.2d 678 (Ind. Ct. App. 2009) (based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are natural born citizens for Article II, Section 1 purposes, regardless of the citizenship of their parents) transfer denied 929 N.E.2d 789 (Ind. 2010); Fair v. Obama, No. 06C12060692 (Md. Carroll Cty. Cir. Ct., Aug. 27, 2012 (relying on Ankeny and Wong Kim Ark to hold that Obama is a natural born citizen eligible to serve as President); Farrar v. Obama, No. OSAH-SECSTATE-CE1215136-60-MALlHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted by Ga. Secy of State (Feb. 7, 2012), appeal dismissed, Farrar et al v. Obama et al., No. 2012CV211398 (Ga. Fulton County Super. Ct. Mar. 2, 2012), recons. denied (Mar. 14, 2012), appeal denied, No. S12D1180 (Ga. Apr. 11, 2012); Freeman v. Obama, 12 SOEB GP 103 (Ill. Bd. of Elections Hearing Officer Recommendation Jan. 27, 2012) (Obamas birth certificate clearly establishes his eligibility for office as a Natural Born Citizen), objection overruled (Ill. Bd. of Elections, Feb. 3, 2012); Galasso v Obama, No. STE 04588-12 (N.J. Adm. Apr. 10, 2012) (initial decision rejecting challenge to Obama's 2012 nominating position and finding that, assuming Obama was born in Hawaii, he is a "natural born citizen" eligible for the presidency per Ankeny and Wong Kim Ark), decision adopted as final (N.J. Secy of State Apr. 12, 2012); Jackson v. Obama, 12 SOEB GP 104 (Ill. Bd. of Elections Hearing Officer Recommendation Jan. 27, 2012) (Obamas birth certificate clearly establishes his eligibility for office as a Natural Born Citizen), objection overruled (Ill. Bd. of Elections, Feb. 3, 2012); Kesler v. Obama, No. 2012-162 (Ind. Election Commn Feb. 24, 2012) (denying objection seeking to keep Obama off 2012 ballot on grounds that he is not a natural born citizen); Powell v. Obama, No. OSAH-SECSTATE-CE1216823-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted by Ga. Secy of State (Feb. 7, 2012), appeal dismissed, No. 2012CV211528 (Ga. Fulton County Super. Ct. Mar. 2, 2012), motion for injunction denied, No. S12D1077 (Ga. Mar. 13, 2012), appeal denied (Ga. Apr. 4, 2012); Purpura v Obama, No. STE 04588-12, 2012 WL 1369003 (N.J. Adm. Apr. 10, 2012) (initial decision rejecting challenge to Obama's 2012 nominating position and finding that, assuming Obama was born in Hawaii, he is a "natural born citizen" eligible for the presidency per Ankeny and Wong Kim Ark), decision adopted as final (N.J. Secy of State Apr. 12, 2012) affd, No. A-00447811-T03, 2012 WL 1949041 (N.J. Super. Ct. App. Div. May 31, 2012) (per curiam); Strunk v. N.Y. Bd. of Elections et al, 35 Misc. 3d 1208(A), 2012 WL 1205117, 2012 N.Y. Slip Op. 50614 (N.Y. Sup. Ct. Apr. 11, 2012) (N.Y. King County Supr. Ct. Apr. 11, 2012) (dismissing complaint challenging, among other things, President Obamas eligibility to his office; expressly rejecting the birther claim that Obama is ineligible on the basis of his fathers citizenship as frivolous, and issuing a show cause order as to why sanctions should not be imposed upon plaintiff); Swensson v. Obama, No. OSAH-SECSTATE-CE1216218-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas
II.
Every federal court to rule on a birther case has rejected it. See, e.g., Allen v. Soetoro, 4:09-cv-00373 (D. Ariz. Jan. 29, 2010) (dismissing FOIA action seeking documents related to Obamas eligibility), affd No, 11-15094 (9th Cir. Jul. 23, 2012); Am. Grand Jury, No Number Assigned (W.D.N.Y. Sept. 29, 2009) (letter from court staff attorney explaining that court could not accept presentment prepared by public, seeking to indict Obama for ineligibility to hold office and related matters); In re Am. Grand Jury, No. 3:09-mc-00215 (M.D. Tenn. Nov. 6, 2009) (summarily rejecting grand jury presentment challenging President Obamas eligibility to serve as President as having no force under U.S. Constitution or law); Anderson v. Obama, No. 10-612, 2012 WL 1969419 (U.S. Jun. 4, 2012) (denying motion for leave to file petition for rehearing in case challenging the Patient Protection and Affordable Health Care Act, where petition sought an order compelling (a) the U.S. Marshalls to travel to Hawaii; (b) the Hawaii Department of Health to release the original birth certificate of Obama to the U.S. Marshalls; (c) the U.S. Marshalls to bring the certificate to the Supreme Court; and (d) the U.S. Secret Service to examine and verify whether the document is a forgery); Barnett v. Obama, 8:09-cv-00082-DOC-AN, 2009 WL 3861788 (C.D. Cal. Oct. 29, 2009) (dismissing case challenging Obamas eligibility; criticizing conduct of plaintiffs counsel in case filed on behalf of active and former military personnel, state representatives, taxpayers, relatives, and political candidates), order clarified, 2009 WL 8557250 (C.D. Cal. Dec. 16, 2009), affd sub nom. Drake v. Obama, 664 F.3d 774 (9th Cir. 2011), rehg and rehg en banc denied, Nos. 09-56827, 10-55084 (Feb. 2, 2012), cert denied, No. 11-1225 (U.S. Jun. 7, 2012); Berg v. Obama, 574 F. Supp. 2d 509 (E.D. Pa. 2008) (dismissing case challenging Obamas eligibility; characterizing various plaintiffs claims as frivolous), affd, 586 F.3d 234 (3d Cir. 2009), cert. denied, 555 U.S. 1126 (2009); Berg v. Obama, No. 1:08-cv-01933 (D.D.C. June 9, 2009) (dismissing qui tam case claiming Obama is not a U.S. citizen), recons. denied, 656 F. Supp. 2d 107 (D.D.C. 2009), affd, 383 F. Appx 7 (D.C. Cir. 2010); Beverly v. Fed. Election Commn, 1:08-cv-01538-AWI-GSA, 2009 WL 196361 (E.D. Cal. Jan. 28, 2009) (dismissing case that included claims regarding Obamas eligibility), affd, No. 09-15562 (9th Cir. July 1, 2009), cert. denied, 130 S. Ct. 1732 (2010); Bowhall v. Obama, No. 2:10-cv0609, 2010 WL 4932747, (M.D. Ala. Nov. 30, 2010) (dismissing complaint alleging, among other things, that Obama is not a natural born citizen, as frivolous), affd, No. 10-15938-C (11th Cir. Apr. 4, 2011) (affirming order that complaint was frivolous); Church of Jesus Christ Christian/Aryan Nations of
III.
Every state court and administrative agency to rule on a birther complaint has rejected it. See, e.g., Allen v. Obama et al, No. C20121046 (Ariz. Pima County Super. Ct. Feb. 24, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 ballot); Allen v. Obama et al, No. C20121317 (Ariz. Pima County Super. Ct. Mar. 7, 2012) (dismissing case challenging Obamas eligibility to be on the 2012 ballot; finding that Obama is a natural born citizen under Wong Kim Ark; and expressly rejecting argument that Minor v. Happersett holds otherwise), appeal filed (Ariz. App. Ct. 2d Div. Mar. 8, 2012); Ankeny v. Governor of the State of Indiana, No. 49D10-0812-PL-055511, 2009 WL 1632611 (Ind. Marion County Super. Ct. Mar. 16, 2009) (dismissing challenge to McCains and Obamas eligibility), affd, 916 N.E. 2d 678 (Ind. Ct. App. 2009) (holding that Obama, who was born in Hawaii, is a natural